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NY L84588




May 27, 2005

CLA-2-39:RR:NC:SP:221 L84588

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9810

Mr. William J. Maloney
Rode and Qualey
55 West 39th Street
New York, NY 10018

RE: The tariff classification of gas impermeable plastic bags from Japan.

Dear Mr. Maloney:

In your letter dated May 5, 2005, on behalf of Becton Dickinson and Company, you requested a tariff classification ruling.

The sample provided with your letter is a gas impermeable bag (catalogue number L008093) composed of nylon plastic sheeting. The bag measures approximately 11½ inches in height and 6 inches in width and has an integral extruded closure at the top. It is imprinted with the words “BD GasPak™ EZ Pouch System. After importation the pouch will be combined with other components to form a self-contained anaerobic generating system that will produce a carbon dioxide enriched anaerobic atmosphere suitable for the isolation, cultivation and identification of anaerobic bacteria. According to marketing information on Becton Dickenson’s website, the resealable pouch eliminates the need for sealing bars and the “multi-layer plastic pouch material preserves environmental integrity for maximum performance.”

The applicable subheading for the gas impermeable bags will be 3926.90.9810, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plasticslaboratory ware. The rate of duty will be 5.3 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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